FIBA will present submissions on nationality appeal - Dec 1, 2009 (by Kristian Santiago)
(By Channel5Belize.com)
And while at the training program, we got an update on the status of an appeal regarding the nationality of Herbie Allen (180-G), Dakin Braddick (213-C-84, college: Benedict) Charlie Burgess (185-G-84, college: Texas Tech) and Kyron Stokes (196-G/F) of Belizean Heritage who were disqualified by FIBA. In August, the team placed second in the COCABA Games [read more]
(By Channel5Belize.com)
And while at the training program, we got an update on the status of an appeal regarding the nationality of Herbie Allen (180-G), Dakin Braddick (213-C-84, college: Benedict) Charlie Burgess (185-G-84, college: Texas Tech) and Kyron Stokes (196-G/F) of Belizean Heritage who were disqualified by FIBA. In August, the team placed second in the COCABA Games. Its been three months since the games that ensured Belize a spot in the Pan American Games and a shot at the 2012 Olympics. Belize Basketball Federation took the matter to the FIBA Appeals Tribunal that ruled against Belize. But the B.B.F. further appealed to the Court of Arbitration for Sports (CAS) in Switzerland which is the highest court of appeal. Attorney for B.B.F., Godfrey Smith, has made submissions to the Court and this Wednesday, FIBA is expected to present their own arguments. President of the Federation, Paul Thompson, says they are hopeful.
Paul Thompson, President, Belize Basketball Federation We have made written submissions on November fifthour legal representative, Mr. Godfrey Smith did. FIBA now has twenty days to respond to that. Thereafter, the Court of Arbitration for Sports will set a date for hearing and we will go there to this Court of Arbitration for Sports. Each entity will select a judge or an arbitrator. We have selected one, FIBA will select one and the Court of Arbitration will select their judge and then there is a hearing and hopefully we will get a positive response this time. The last time I thought we had a very strong case; it was a FIBA Appeals Tribunal so it was in-house as you would want to say. This time, the Court of Arbitration for Sports is an independent body that deals with sports related disputes in all disciplines, not only basketball. So hopefully, we get the results that we want.
Basketball Federation Appeals to World Court of Sports - Nov 5, 2009 (by Kristian Santiago)
The Belize Basketball Federations had 30 days to file an appeal of the decision handed down to it at FIBA. You will recall that the judge in that case had ruled against Belize, finding that section 27 of the Belize Constitution, the dual nationality clause raised doubt as to whether the basketball players born in the USA of Belizean parentage, had to take a further step to show that they were accepting Belizean nationality which they were entitled to at birth [read more]
The Belize Basketball Federations had 30 days to file an appeal of the decision handed down to it at FIBA. You will recall that the judge in that case had ruled against Belize, finding that section 27 of the Belize Constitution, the dual nationality clause raised doubt as to whether the basketball players born in the USA of Belizean parentage, had to take a further step to show that they were accepting Belizean nationality which they were entitled to at birth.
Thats what the BBF is challenging and to do that it has to go all the way to the Court of Sport Arbitration in Lausanne, Switzerland. This court is much bigger than FIBA which is the governing body for basketball it is the world court for sports, settling all matters from the Olympics to FIFA and its decision is final and binding. High stakes, but the Belize Basketball Federations attorney Godfrey Smith says Belize must go all the way.
Godfrey Smith, BBF Attorney: The appeal will really turn on that single issue of what is the correct interpretation and application of section 27 of the Belize Constitution as it relates to the basketball players in question. We want them to set aside what the judge did. They can do that. They can set aside a decision, put in place a new one, annul it, send it back. They have a broad scope of powers.
This difference with this appeal is that we get to select one of the arbitrators or to nominate.sorry there is a list of about 150 different lawyers from all over the world. In cases like this there will be three hearing our case. We choose one, FIBA will choose one and then the court will choose the third one.
So what we did was to go through the list of lawyers from the Commonwealth, whether was Canada, Australia, England, and looked for one that we recognized and we felt would certainly provide what I think was lacking the last time around, mainly knowledge of our system of law and how it works.
Jules Vasquez: So we expect to get a fair shake this time?
Godfrey Smith: Yes, I expect to get a fair shake from three judges including one hopefully from England, from our system of law.
The law is on our side and that view is shared by other lawyers as well and that it is a decision that simply should not be left to stand.
The filing of a notice of appeal was made today and Belize now has ten days to file its arguments. FIBA will respond in twenty days and with the back and forth thereafter, the hearing will probably be held in January. (By 7NewsBelize.com)
Swiss Judge Reserves Ruling in Belize Vs. FIBA - Sep 15, 2009 (by Kristian Santiago)
On Friday we told you that President of the Belize Basketball Federation Paul Thompson and attorney Godfrey Smith left for Switzerland to argue for the nationality of 7 members of Belizes national basketball team. Remember, FIBA ruled that 7 of the players who represented Belize at the COCABA Championship in Cancun were not eligible to play because they were born in the United States. So Belizes silver medal was won under protest [read more]
On Friday we told you that President of the Belize Basketball Federation Paul Thompson and attorney Godfrey Smith left for Switzerland to argue for the nationality of 7 members of Belizes national basketball team. Remember, FIBA ruled that 7 of the players who represented Belize at the COCABA Championship in Cancun were not eligible to play because they were born in the United States. So Belizes silver medal was won under protest. Well that protest was heard this morning in Geneva Switzerland, when Thompson and Smith appeared before an appeals tribunal. The hearing lasted for two hours with Smith presenting Belizes position and a German attorney appearing for FIBA. They appeared before a panel comprising a single Swiss jurist and the hearing was heard in English.
Smith told us that he is confident and for good reason: the judge nor the attorney for the other side never challenged the main assertion of the Belize Federation, and that is that all the players are considered Belizeans at birth even if they didnt get their passports or step into the country until they were adults. We spoke to Smith in Geneva.
Godfrey Smith, Attorney for BBF We feel very good about how it went in the sense that first of all the questions that were asked of us were very few. We believe more questions were asked of the other side. We were not taken by surprise with any questions from the judge or from the other side and we also feel good because at the end of the arguments from FIBA, they basically, in our view, conceded that there was a lacuna, a hole in the regulations which did not cover the situation that arose in terms of Belize.
Jules Vasquez, Beyond question was the point established that these players had citizenship as at the time of their birth wherever they were born? That was established?
Godfrey Smith, That was established as well as the fact that when you examine the certificates of affirmation, for each player the affirmation of citizenship is effective at the date of birth or on independence day, putting all the players as having acquired citizenship well before they reach the age of 16. That point specifically was not rebutted by FIBA. They had no answer when we said to the Chairman look, look at the certificates of affirmation this shows beyond doubt that the citizenship is effective on the birthday of these players.
I would place our prospect of success as being high. I say that based on my assessment of the demeanour and the behaviour of the judge, the kinds of questions he asked both sides, the ability of the other side to addressed what was our fundamental point about the constitution read along with the certificates.
And while the proceedings were encouraging, youll have to cross your fingers for a while, possibly as long as four weeks because thats the time frame within which the judge has promised to give his ruling. Because of the straightforward appearance of the case, The Federation is hoping to get that ruling sometime before then.
If the Belize Federation wins, it will be vindicated and the decision to declare the players ineligible will be shown for the farce that it is. And what if Belize loses? Well, it doesnt mean we have to give the medals back, at least not yet. At that point, a further appeal can be made to a higher body. (By 7NewsBelize)
Belize Fighting for COCABA Medal in Switzerland - Sep 14, 2009 [read more]
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